Sunariyo Sunariyo
Universitas Muhammadiyah Kalimantan Timur, Kota Samarinda, Indonesia

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Victimological Perspectives on Cybercrime Illegal Content Offenders: A Juridical Analysis of Cases in the Samarinda District Court Sunariyo Sunariyo; Imelda Hasibuan; Bayu Prasetyo
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2450

Abstract

Sentencing disparity in Indonesia presents not merely a technical This study aims to analyze the application of a victimological perspective toward perpetrators of cyber illegal content offenses within the jurisdiction of the Samarinda District Court, particularly in situations where the perpetrators may simultaneously occupy the position of situational victims, structural victims, or individuals exploited within the cybercrime ecosystem. This research also seeks to identify the factors that lead perpetrators to become involved in the dissemination or production of illegal content, to assess the forms of legal protection that should be provided to marginalized parties involved in cybercrime, and to analyze the pattern of judicial considerations in adjudicating cyber illegal content cases from a victim protection perspective. The research method employed is normative legal research using statutory, conceptual, and case approaches, particularly through the analysis of decisions issued by the Samarinda District Court related to illegal content offenses. The findings indicate that perpetrators of cyber illegal content do not always act with full awareness or malicious intent; rather, their involvement is often influenced by digital pressure, online manipulation, or limited technological literacy. Therefore, the victimological perspective is essential in order to ensure that law enforcement is not solely oriented toward punishment but also considers the vulnerability of offenders and promotes a more humane and justice-oriented legal approach, objective of paper, followed by a statement regarding the methodology and a brief summary of results.